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Record of Proceedings

Retention Pond Safety Hearing and Review of 2024 Legislation - October 14, 2026

Council Committees — Wednesday, October 14, 2026
BodyColumbus, Ohio
SessionCouncil Committees
DateWednesday, October 14, 2026
StatusFILED
Video Record
0:00 / 57:53

Original source
Transcript — VerbatimClick a timed line to jump · ⧉ to share it

Speaker numbers apply only to this recording.

Speaker 1

0:05

First, before we go much further, I want to make sure that uh we acknowledge and extend our deepest and heartfelt condolences to the family of two-year-old uh Benny Mbo, uh who tragically lost his life several weeks ago at the Polaris Place apartments in a retention pond.

0:22

Um a father of a five-year-old know Councilmember Green has a son around the same age, and uh we can't begin to fathom what kind of um tragedy and what the heartbreak that's going through for those that family right now.

0:35

Uh certainly also want to acknowledge and uh share our condolences and thoughts with Georgina Villar's family as well, who uh was also lost in a retention pond this past summer.

0:46

Uh these are not statistics, these are you know precious children in our community that had a whole life ahead of them that had a future um who now their families are dealing with uh unspeakable tragedy.

0:57

And those are the reasons why we are here this morning or this afternoon.

1:02

And certainly I think uh the way that uh we need to center ourselves as we think about what, if any, public policy solutions we can bring uh to try and prevent these kinds of tragedies from happening in the future.

1:13

Um before we get into things, I certainly want to thank folks for their preparation for today's hearing.

1:19

Uh city staff you'll be hearing today from our director of Department of Building Zoning Services, Scott Messer, uh Dr.

1:24

Mashika Roberts and Edward Johnson from Columbus Public Health, uh, and Ken McCain from our legislative research office.

1:30

Appreciate everyone's work, uh particularly in a pretty compressed timeline uh to be here uh as we've started to consider additional legislation on this topic.

1:38

Uh also want to thank Councilmember Green uh who's here with me here today.

1:41

I know Councilmember Ross is planning on joining us as well.

1:44

Um I want to uh thank our council staff who's worked uh to get this hearing together today.

1:50

Uh certainly uh CTV for making sure that this hearing is accessible to other members of the public.

1:56

Um, and uh certainly want to thank uh the members of the public that you are here with us in chambers here today, or certainly watching this uh virtually.

2:05

Um the purpose of today's hearing again is to review legislation that this body passed back in 2024, uh learn about the enforcement and an outreach that the Department of Building Zoning Services has engaged in since that legislation was enacted.

2:18

Hear from Columbus Public Health on data related to drownings and their research on safety barriers.

2:24

Uh we will also review newly proposed emergency legislation by council that will be considered for a vote on November 2nd and further safety measures that I'm committed myself uh to bring before the body uh by the end of the year.

2:37

Uh again, this hearing is being live streamed on CTV and Council's social pages.

2:41

Uh also as normal that uh this hearing will be posted on the City of Columbus's YouTube channel following this event.

2:49

Um back in December of 2024, uh, this council passed the first of its kind legislation which established safety regulations at multi-unit residential ponds.

2:59

Uh that legislation made it a requirement for landlords to give warning notices to tenants, have life-saving preservers and signage while also establishing a mechanism to address problematic ponds as public nuisances.

3:11

Since then, our partners at Columbus Building Zoning Services have done a lot of work identifying and mapping and inspecting more than a hundred apartment retention ponds across the city to bring them in compliance with that legislation.

3:22

However, uh as we look at the tragedies have still occurred, it's clear that we have systemic gap that we all must work towards solving together.

3:30

If an apartment swimming pool is required by law to have a fence, we have to look at why a dangerously deep retention pond right next to it is permitted to remain while completely exposed without any barriers.

3:42

We cannot allow our life-saving policies to sit on shelf while we uh while we work to evolve to meet the urgency of this moment.

3:49

Uh today is about figuring out a way for council and the various departments to collaborate on what is the best solution.

3:55

We're here to look at how do we support our current uh code enforcement teams, strengthen our current tools, and build towards a comprehensive regulations on this topic by the end of this year.

Unassigned speaker

4:06

Our

Speaker 1

4:06

goal today is to look forward, identify what is preventing us from utilizing every tool in the toolbox, including our nuisance abatement process and ensure that our apartments have the resources and legislative teeth they need in order to keep our kids safe.

4:19

Uh appreciate again uh both folks here um from the city side that have worked uh on this back in 2024 and are willing to engage on this topic here again.

4:28

Um again want to thank my colleagues for being willing to uh on fairly quick notice for us to move forward on this legislation as well.

4:35

Uh so with that I do want to pause and see Councilmember Green if you had anything you wanted to say before we sort of dive into things.

4:41

Great, thank you.

4:42

Uh I'd like to first turn the floor over to senior senior policy advisor from City Council's legislative research office, Kevin McCain, to review the legislation that was passed by this body back in 2024.

4:54

Mr.

4:54

Cain, floor is yours.

Unassigned speaker

4:57

Thank you, Council Project.

Unassigned speaker

5:01

Thank

Speaker 2

5:01

you, Council President Pro Tem uh and Councilmember Green

Unassigned speaker

5:04

and

Speaker 2

5:05

Councilmember Ross.

5:06

My name is Kevin McCain.

5:07

I am a senior policy advisor in Council's legislative research office.

5:12

Before I begin.

5:19

Before I begin,

Unassigned speaker

5:21

I

Speaker 2

5:21

want to make sure we recognize my colleague and partner in the legislative research office, John Oswald, for all his work as the drafter of the 2024 legislation and the new proposed amendments that we'll get into later today's hearing.

5:33

Unfortunately, he's under the weather, so I'm filling in for him today.

5:37

To set the stage for today's public hearing, I want to step back and review the framework currently on the books.

5:43

In late 2024, under the leadership of Council President Pro Tem Rob Dorns, this council unanimously passed Columbus's first ever retention pond safety ordinance, codified as Section 452517 of the City Code.

5:58

To understand why we are proposing new regulations today, we must first review what led to its passage in 2024 and what that ordinance mandated.

6:08

Prior to 2024, our city code required swimming pools to have fencing and heavy regulation, but man-made retention ponds on private residential properties had zero baseline safety mandates.

6:20

This regulatory gap resulted in devastating and tragic events throughout the Columbus community, documented by clear local health data that you'll hear more about from Columbus Public Health.

6:31

Official tracking from the Franklin County Child Fatality Review and public data shared by the Franklin County Coroner's Office revealed that between 2013 and 2022, 11 children tragically lost their lives to drowning in man-made ponds within the City of Columbus.

6:46

Local health data confirmed that drowning stood as the fourth leading cause of external injury death for children ages 1 to 13 in Franklin County.

6:56

According to additional records from the Franklin County Coroner's Office, the risk extended to adults as well, with 21 adult drownings recorded in Franklin County Ponds between 2021 and late 2024.

7:10

Complexes like Hartford on the Lake that has renamed itself Lakeshore Cove on the city's southeast side are harrowing examples, logging 11 water related fatalities alone since 1998.

7:22

Faced with these figures, this council determined that leaving retention pond safety entirely to landlord discretion was no longer an option.

Speaker 3

7:31

The

Discussion Breakdown — Share of Meeting
Public Safety█████████████████████████████████████████████78%
Public Health██████████17%
Procedural███5%
Summary of Proceedings

Retention Pond Safety Hearing and Review of 2024 Legislation - October 14, 2026

On October 14, 2026, the Columbus City Council, led by Council President Pro Tem Rob Dorans and joined by Councilmembers Green, Ross, and Day Achauer, held a public hearing to review enforcement of the 2024 retention pond safety ordinance, propose emergency amendments, and discuss future regulatory steps. The hearing was motivated by continued tragic drownings, including two-year-old Benny Mbo and Georgina Villar. City staff from the Department of Building and Zoning Services (BZS), Columbus Public Health (CPH), and the Legislative Research Office (LRO) presented data and recommendations.

Public Comments & Testimony

  • Joe Motil (Retired Safety Manager): Public speaker Joe Motil strongly advocated for immediate, mandatory perimeter fencing around retention ponds as the most effective life-saving measure. He criticized cost-based opposition from apartment associations and developers, rejecting wildlife corridor arguments as pretextual. He argued against the "perfect solution fallacy," promoted locked gates with Knox boxes for emergency access, and questioned the effectiveness and potential hazards (rat habitat, rescue obstruction) of a no-mow buffer. He explicitly asked why retention ponds lack the fencing required for swimming pools if both pose drowning risks.

Discussion Items

  • Review of 2024 Ordinance (Kevin McCain, LRO): Mr. McCain reviewed the 2024 law (Section 452517), which was passed in response to 11 child drownings (2013–2022) and 21 adult drownings (2021–2024) in man-made ponds. The existing framework requires warning signs, U.S. Coast Guard-approved flotation devices, annual tenant notices, safety shelves for new ponds, and a public nuisance abatement process for high-risk sites.
  • BZS Enforcement Report (Director Scott Messer): Director Messer reported that BZS has proactively identified and inspected over 100 multi-unit residential ponds. Since the 2024 law took effect, 28 violation notices have been issued. Twenty-three properties achieved compliance; five are in active follow-up. Future compliance inspections will be integrated into the city’s new Rental Registry program. Messer noted that many violations involved technicalities (e.g., non-Coast Guard approved buoys) rather than outright refusal to comply.
  • Public Health Data (Dr. Mashika Roberts & Edward Johnson, CPH): Dr. Roberts presented Child Fatality Review data, showing drowning is now the fifth leading cause of death for children (down from fourth in the prior report). From 2019 to September 2026, 38 children drowned in Franklin County; 22 were under age four, and 10 died in retention ponds. CPH noted that three child drownings have occurred since the 2024 law passed (one in 2024, two in retention ponds in 2025/2026). Edward Johnson presented a comparison of interventions from four peer cities and Southgate, MI, finding that warning signs, flotation devices, and resident notification are universal best practices, while fencing, landscaping, and setback requirements vary widely and are often prescriptive for new development rather than retroactive.
  • Proposed Emergency Amendments (Kevin McCain / Council President Pro Tem Dorans): The LRO presented two emergency amendments to be voted on November 2, 2026. The first closes communication loopholes by requiring standalone physical safety notices and mandatory disclosure of public nuisance declarations. The second creates an immediate passive physical barrier by requiring a mandatory 15-foot no-mow buffer zone around the water's edge to deter toddlers and signal danger.
  • Councilmember Deliberation and Questions: Councilmembers engaged in detailed discussion with staff. Councilmember Morales clarified that the 2024 ordinance applies retroactively to existing ponds, not just new ones. Councilmember Green raised operational questions about the year-round effectiveness of tall grass barriers in winter and the need for specific vegetation types. Councilmember Ross asked about resources for inspection cycles and the possibility of new restrictions on pond location (setbacks, distance from playgrounds) for future developments. Councilmember Green also suggested developing a local standard or rubric for evaluating pond safety, noting that Columbus Recreation and Parks already has a process. Council President Pro Tem Dorans emphasized that the no-mow buffer is an interim measure and that comprehensive barrier/landscaping options would be developed via a variance process and formal rulemaking.

Key Outcomes

  • Emergency Vote Scheduled: The proposed amendments (standalone notices, disclosure requirements, 15-foot no-mow buffer) will be presented to the full council for an emergency vote on November 2, 2026. If passed, they will take effect immediately.
  • Commitment to Comprehensive Action Framework: Council President Pro Tem Dorans committed to working with BZS, CPH, and LRO to bring comprehensive, long-term regulations before the council by the end of 2026. This includes evaluating full fencing, vegetative barriers, pond setbacks, and underground retention alternatives, using the public health comparison chart as a roadmap.
  • Continued Enforcement and Interdepartmental Coordination: BZS confirmed it has begun the formal public nuisance review for the two ponds where drownings occurred in summer 2026. The new Rental Registry will ensure annual inspection of all regulated ponds. CPH will continue providing fatality data and analysis to guide enforcement priorities.

Meeting Transcript

First, before we go much further, I want to make sure that uh we acknowledge and extend our deepest and heartfelt condolences to the family of two-year-old uh Benny Mbo, uh who tragically lost his life several weeks ago at the Polaris Place apartments in a retention pond. Um a father of a five-year-old know Councilmember Green has a son around the same age, and uh we can't begin to fathom what kind of um tragedy and what the heartbreak that's going through for those that family right now. Uh certainly also want to acknowledge and uh share our condolences and thoughts with Georgina Villar's family as well, who uh was also lost in a retention pond this past summer. Uh these are not statistics, these are you know precious children in our community that had a whole life ahead of them that had a future um who now their families are dealing with uh unspeakable tragedy. And those are the reasons why we are here this morning or this afternoon. And certainly I think uh the way that uh we need to center ourselves as we think about what, if any, public policy solutions we can bring uh to try and prevent these kinds of tragedies from happening in the future. Um before we get into things, I certainly want to thank folks for their preparation for today's hearing. Uh city staff you'll be hearing today from our director of Department of Building Zoning Services, Scott Messer, uh Dr. Mashika Roberts and Edward Johnson from Columbus Public Health, uh, and Ken McCain from our legislative research office. Appreciate everyone's work, uh particularly in a pretty compressed timeline uh to be here uh as we've started to consider additional legislation on this topic. Uh also want to thank Councilmember Green uh who's here with me here today. I know Councilmember Ross is planning on joining us as well. Um I want to uh thank our council staff who's worked uh to get this hearing together today. Uh certainly uh CTV for making sure that this hearing is accessible to other members of the public. Um, and uh certainly want to thank uh the members of the public that you are here with us in chambers here today, or certainly watching this uh virtually. Um the purpose of today's hearing again is to review legislation that this body passed back in 2024, uh learn about the enforcement and an outreach that the Department of Building Zoning Services has engaged in since that legislation was enacted. Hear from Columbus Public Health on data related to drownings and their research on safety barriers. Uh we will also review newly proposed emergency legislation by council that will be considered for a vote on November 2nd and further safety measures that I'm committed myself uh to bring before the body uh by the end of the year. Uh again, this hearing is being live streamed on CTV and Council's social pages. Uh also as normal that uh this hearing will be posted on the City of Columbus's YouTube channel following this event. Um back in December of 2024, uh, this council passed the first of its kind legislation which established safety regulations at multi-unit residential ponds. Uh that legislation made it a requirement for landlords to give warning notices to tenants, have life-saving preservers and signage while also establishing a mechanism to address problematic ponds as public nuisances. Since then, our partners at Columbus Building Zoning Services have done a lot of work identifying and mapping and inspecting more than a hundred apartment retention ponds across the city to bring them in compliance with that legislation. However, uh as we look at the tragedies have still occurred, it's clear that we have systemic gap that we all must work towards solving together. If an apartment swimming pool is required by law to have a fence, we have to look at why a dangerously deep retention pond right next to it is permitted to remain while completely exposed without any barriers. We cannot allow our life-saving policies to sit on shelf while we uh while we work to evolve to meet the urgency of this moment. Uh today is about figuring out a way for council and the various departments to collaborate on what is the best solution. We're here to look at how do we support our current uh code enforcement teams, strengthen our current tools, and build towards a comprehensive regulations on this topic by the end of this year. Our goal today is to look forward, identify what is preventing us from utilizing every tool in the toolbox, including our nuisance abatement process and ensure that our apartments have the resources and legislative teeth they need in order to keep our kids safe. Uh appreciate again uh both folks here um from the city side that have worked uh on this back in 2024 and are willing to engage on this topic here again. Um again want to thank my colleagues for being willing to uh on fairly quick notice for us to move forward on this legislation as well. Uh so with that I do want to pause and see Councilmember Green if you had anything you wanted to say before we sort of dive into things. Great, thank you. Uh I'd like to first turn the floor over to senior senior policy advisor from City Council's legislative research office, Kevin McCain, to review the legislation that was passed by this body back in 2024. Mr. Cain, floor is yours. Thank you, Council Project. Thank you, Council President Pro Tem uh and Councilmember Green and Councilmember Ross. My name is Kevin McCain. I am a senior policy advisor in Council's legislative research office. Before I begin. Before I begin, I want to make sure we recognize my colleague and partner in the legislative research office, John Oswald, for all his work as the drafter of the 2024 legislation and the new proposed amendments that we'll get into later today's hearing. Unfortunately, he's under the weather, so I'm filling in for him today. To set the stage for today's public hearing, I want to step back and review the framework currently on the books.

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